With about 300 development projects of “national importance” stalled because of the non-constitution of the Forest Advisory Committee, the Supreme Court today finally allowed the functioning of the existing FAC “with utmost urgency.”

But the directive from the bench, headed by Chief Justice K G Balakrishnan, came with a rider — all fresh cases examined by the FAC will be considered by the SC-appointed Central Empowered Committee (CEC). Then, a final nod will come from the apex court based on the CEC’s recommendations, said the bench also comprising Justice Arijit Pasayat and Justice S H Kapadia.

This order came in the face of strong criticism by Additional Solicitor General Vikas Singh who questioned the court’s decision to decide on clearances in forest and environment matters. “There is no provision in the Constitution for a judicial emergency, where courts should decide such matters,” he said. “Even in a situation of Emergency in a democracy, it’s the Centre which takes over the functioning of the state’s administration,” he argued.

Arguing that the judiciary should restrain itself from entering the domain of the Executive, Singh emphasized that courts have “absolutely no business” to deal with forest matters. These are purely policy decisions and executive decisions, he pointed out.

“As of today, there is no such grave emergency which would make courts to intervene. More so, when forest cover actually has gone up,” he submitted pointing to the bench the World Forest Report that showed India’s forest cover stood at 22.3 per cent unlike other Asian parts where it is merely 18.9 per cent.

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